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Friday, March 16, 2007

INDIANA COMPUTERS STOLEN FROM HIGH SCHOOL


Man found guilty on all charges
By TJ HEMLINGER
Staff writer

A jury found a former local computer store owner guilty on all three charges that he conspired with two teenagers to steal computers from Columbia City High School and a security camera from Teghtmeyer Ace Hardware.

Benjamin Sekel, 31, of Woodburn, was convicted on two counts of theft and one count of inducing theft, all Class D felonies. He faces up to three years in prison on each of the counts when sentenced April 9.

The two teenagers involved in the case, Nicholas True and Ryan Everly, have already pleaded guilty to theft and been sentenced to jail terms.

They testified Wednesday that they stole 10 computers from the high school and sold them to Sekel. They also testified that Sekel told them he wanted a security camera, “like the one they have at Ace,” and they stole that, too. Money for the camera never changed hands because police began arresting the subjects in the cases.

The two-day trial concluded Thursday, with the three-man, three-woman jury getting the case late in the afternoon.

Prosecuting attorney Matt Rentschler put Columbia City police detective Tim Longabaugh on the stand to start Thursday’s session, and he testified that six of the 10 computers stolen from the high school were received by Sekel.

Then Rentschler called Ben Wolfe, 19, who was the night manager at Alliedstar, Sekel’s computer store on West Van Buren Street. He said he observed parts from the computers at the store.

“He (also) said he’d pay for certain types of cameras,” Wolfe said.

A customer of Sekel’s, John Schoeph, testified that he bought a computer from him and when police looked at it they found that the hard drive, the memory and the mother board all had been stolen from the high school.

Columbia City police detective Anthony Hively testified that a computer program showed that the computers were from the high school.

Sekel was the only witness for the defense, and he said that Wolfe had set up the meeting with True and Everly. “He said they had some used PCs they wanted to sell,” Sekel said.

He went on to explain that he purchased merchandise from individuals as well as at flea markets and over the Internet.

“I examined the (computers) and saw no stickers saying they were the property of CCHS,” Sekel testified. “I learned they were stolen when the police came and searched my shop. I gave (the two teenagers) $800 for the computers.”

He said he met the pair in a deserted parking lot after hours because he had worked 80 hours that week and didn’t feel like going back to the shop.

“I had no software that could ID stolen parts,” Sekel said. “I didn’t ask them where they got them. I was always looking for a good deal (because) I had to stay competitive.”

He admitted he “may have” said he was looking for a security camera. The pair brought one in, and Sekel told them he would have to research the item before he could pay them for it. He said the camera when new would cost about $1,200.

“I supposed it might possibly be stolen,” Sekel said in testimony. “I asked them to take it back, but they wouldn’t. I was scared to go to the police.”

On cross examination, Rentschler asked, “Why an abandoned parking lot?”

“Nick (True) wanted it,” Sekel replied.

He also testified that he did not remove the WCCS stickers from the computers but did take the manufacturer’s labels off and put on his own.

“You didn’t ask if they were stolen?” Rentschler asked.

“Why should I?” Sekel said.

“You said you didn’t know they were stolen until the police told you, right?” Rentschler asked.

“I heard the three joking (about it),” Sekel said.

“You told two young men you were looking for a camera and would take anything they could get their hands on?” Rentschler asked. “Where do you think they got it?”

“I have no idea,” Sekel said.

In closing arguments, Rentschler said, “Ryan Everly and Nick True said (Sekel) knew the computers had been stolen, so somebody’s lying. Who has motive to lie? He took delivery in an abandoned parking lot after dark. He disposed of the cases (of the computers), took the rest to his store and took off the identifying marks.

“He said, ‘Boy, I’d really like to have a nice (security) camera. He knew they were thieves already. He didn’t try to give it back or take it to the police. The lesson to be learned here is it’s appropriate for there to be consequences when you get caught.”

Sekel’s attorney, Benjamin E. Nordmann, in his closing argument, said, “No one is saying (Sekel) was there (to commit the theft). Only True said they were stolen. True is getting a deal — concurrent sentences and sentence modification. Everly said no mention was made of Ace when (the camera) was delivered. They needed no inducement to steal the computers, so what inducement did they need to steal a camera?

“No money was discussed. He didn’t know it was stolen.

“Questionable tactics isn’t the standard; knowing or intentionally (inducing theft) is.”

Rentschler, in closing, said, “A reasonable person would know. To think they’re doing what they’re doing (without knowing) is completely false.”
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